Affidavit of William McDevitt. STATE OF PENNSYLVANIA, County of Philadelphia, ss: William McDevitt, being duly sworn, says that he is chief of the electrical department for the Philadelphia Fire Underwriters' Association in the city and county of Philadelphia, State of Pennsylvania; that on the fourth day of June, 1902, he attended a series of tests made upon the explosive masurite, which tests were made at the country residence of Mr. F. L. M. Masury, in the town of North Hempstead, Long Island; that he closely observed said tests, and that the results were as follows: CONCUSSION TESTS. 1. About an ounce of masurite placed on an anvil and struck sharp blows with hand hammer. Result: No detonation or ignition. 2. About four ounces of masurite placed on an anvil and struck heavy blows with a 16-pound sledge. Result: No detonation or ignition. 3. About an ounce of masurite placed on a stone and struck sharp blows with hand hammer. Result: No detonation or ignition. 4. About four ounces of masurite placed on a stone and struck with a 16-pound sledge. Result: No detonation or ignition. 5. Seventy-two pounds iron weight allowed to fall twenty-five feet upon a ten-ounce cartridge of masurite placed on anvil. Result: No detonation or ignition. Masurite placed in steel cylinder having tight piston fitted into it and upon masurite; weight allowed to fall on piston same distance as before. Result: No detonation or ignition. Repetition of same test, using same cylinder and the masurite that had been compressed in the last test. Result: No detonation or ignition. Masurite placed in steel cylinder with plunger of smaller diameter resting upon masurite; seventy-two pounds weight allowed to fall three times upon plunger same distance as before. Result: No detonation or ignition. 6. Shooting through a can of about twelve and a half pounds of masurite four shots from 30/40 Government rifle, using smokeless powder and mushroom bullets. Result: No detonation or ignition. 7. Ditto, ditto, four shots as above using steel jacketed bullets. detonation or ignition. Result: No 8. Can containing about ten pounds of masurite heated in direct contact with burning coal, shot through as above with mushroom bullets. Charcoal was around, under, and on top of masurite; waited until powder itself was burning by actual contact with ignited carbon; then fired shots. Result: No detonation and no explosion. FIRE TESTS. 9. Red-hot iron, about one-quarter inch in diameter run through a cartridge of masurite. Result: Masurite melted and ignited at point of contact; fire went out immediately on withdrawal of iron, except that paper of cartridge burned for a moment or so. 10. Red-hot iron, about one inch in diameter, run into a can containing about ten pounds of masurite. Result: Masurite melted and ignited; fire went out immediately after withdrawal of iron. 11. Cartridge of masurite placed upon forge fire and the latter blown vigorously. Result: Masurite melted and burned slowly. 12. About ten pounds of masurite thrown upon forge fire. Result: Masurite melted, vaporized, and burned. 13. Action of masurite when burning charcoal is placed upon a heap of it: That portion of masurite in contact with the charcoal, melted, ignited, and burned. Fire went out of itself when out of contact of heat from charcoal. 14. A bundle of "parlor" matches, about one and a quarter inches in diameter, ignited in a heap of masurite. Result: Ignited and melted masurite where in contact with the heads of the matches, but extinguished itself immediately, likewise the matches. 15. Masurite covered with smokeless powder and latter ignited. Result: Masurite did not ignite. 16. Masurite covered with black powder and the latter ignited. did not ignite. 17. Black powder covered with masurite and former ignited. did not ignite. Result: Masurite Result: Masurite 18. Smokeless powder covered with masurite and former ignited. Result: Masurite slightly ignited, but fire did not burn and went out immediately. 19. Action of masurite when thrown upon red-hot iron plate, first in small quantities, then in larger ones: Masurite simmered, sputtered, and burned slowly. 20. Melting pot filled with masurite covered with inverted funnel and placed upon forge fire; same blown until masurite decomposes and fumes come from funnel. Attempt made to light fumes. Result: No explosion; could not light the fumes with matches in bundles of five or six at a time; vapor put matches out immediately. ELECTRIC TESTS. 21. Masurite placed upon iron and series of electric sparks allowed to pass in contact with it. Means: A wire run over a file covered with masurite. Result: Sparks flying through the powder, which scorched and melted in spots. No detonation or explosion. 22. Masurite placed in electric arc formed by two carbons and strong current of electricity. Result: No explosion. 23. Copper wire heated to redness and finally melted by electric current while in contact with masurite. Result: Masurite melted and charred next to wire. No other result. Twenty-five amperes fuse wire covered with masurite fused by electric current. Result: No explosion. FRICTION TESTS. 24. Masurite placed on sandpaper rubbed with sandpaper on block carrying twentyfive pounds weight. Result: No effect on masurite. 25. Ditto, ditto, emery cloth used in place of sandpaper. Result: No effect on masurite. 26. Ditto, ditto, emery cloth on one surface and sandpaper on other. Result: No effect on masurite. DETONATION TESTS. 27. Detonation of single cartridge of masurite in open air using "double strength' electrical fuse. Result: Loud report; no visible flame. 28. One cartridge of masurite with fuse and one without-ends touching. Result: Both detonated as in previous test. 29. One cartridge of masurite with fuse and six without-ends touching. Result: All seven detonated as in previous test. 30. One cartridge of masurite with fuse and one without, placed twenty-four inches apart on level. Result: Cartridge without fuse thrown about one rod by force of explosion; powder scattered unburnt and unexploded. 31. One cartridge of masurite with fuse and one without, placed twelve inches apart on level. Result: Same as in previous test. 32. One cartridge of masurite with fuse and one without, the latter hung over and eighteen inches from the former. Result: Did not burn, explode, or detonate the upper cartridge. 33. One cartridge of masurite hung in air with "double strength" fuse suspended from it and four inches below. Fuse exploded. Result: Broke cartridge, spilled powder, but did not explode it. 34. Cartridge of 40 per cent dynamite and cartridge of masurite placed about twentyfour inches apart and dynamite exploded by a fuse. Result: No effect upon masurite except to break cartridge and scatter the powder. 35. Test in bore hole in rock, using about four ounces of masurite that had been placed in freezing mixture with temperature about zero Fahrenheit for one hour, taken out and immediately exploded. Result: Rock of about two tons completely broken; largest piece could be easily loaded on a cart by one man. These tests were also performed before Mr. F. Elliott Cabot, of the Boston Board of Fire Underwriters, Boston, Mass., and the following gentlemen, who, I understand, represent the following interests: Charles B. Dudley, chemist, Pennsylvania Railroad Company, Altoona, Pa. J. R. Onderdonk, engineer of tests, Baltimore and Ohio Railroad, Baltimore, Md. W. W. Taylor, maintenance of ways department, New York Central and Hudson River Railroad, New York City. Daniel W. Darling, vice-president Milford Pink Granite Company, Milford, Mass. R. L. Lovelace, purchasing agent Milford Pink Granite Company, Milford, Mass. Cyrus W. Perry, general sales agent Masurite Explosive Company, New York City. I, M. Russell Thayer, prothonotary of the county of Philadelphia and clerk of the courts of common pleas of said county, which are courts of record, having a common seal, being the officer authorized by the laws of the State of Pennsylvania to make the following certificate, do certify that Wm. E. Caveny, esq., before whom the annexed affidavit was made, was at the time of so doing a notary public for the Commonwealth of Pennsylvania, residing in the county of Philadelphia, duly commissioned and qualified to administer oaths and affirmations and to take acknowledgments and proofs of deeds or conveyances for lands, tenements, and hereditaments in said State of Pennsylvania, and to all whose acts as such, full faith and credit are and ought to be given, as well in courts of judicature as elsewhere; and that I am well acquainted with the handwriting of the said notary public and verily believe his signature thereto is genuine, and that said oath or affirmation purports to be taken in all respects as required by the laws of the State of Pennsylvania. In testimony whereof I have hereunto set my hand and affixed the seal of said court this 18th day of March, in the year of our Lord one thousand nine hundred and three (1903). M. RUSSELL THAYER, Prothonotary. [SEAL.] Affidavit of Cyrus W. Perry. STATE OF NEW YORK, County of New York, ss: Cyrus W. Perry, being duly sworn, says that he is the general sales agent of the Masurite Explosive Company in the city of New York, and that on or about June 20, 1902, he witnessed a test made upon the explosive masurite, which test was made at the country residence of Mr. Fred. L. M. Masury, in the town of North Hempstead, Long Island; that he closely observed said test, and that it was as follows: Eleven cases (550 pounds) of masurite, packed ready for shipment, were entirely surrounded with wood above, below, and on all sides (nearly one-half cord of wood being used up). The wood was then ignited on four sides, making an intense heat. It was noticed that when masurite commenced to burn, on account of its contact with the burning wood, the gas given off by it put out the fire of the wood which was above the cases. The wood remained unignited until apparently all the masurite had been consumed, when it took fire again. The masurite was apparently all consumed in just thirty-three (33) minutes from the time of lighting the fire. The fire burnt for about fifteen (15) minutes after this. The masurite did not explode. From each case a cartridge had been selected by Doctor Dudley, of the Pennsylvania Railroad, and was exploded in his presence immediately before the above test was made by the proper means of electrical exploders. The above test was performed in the presence and at the request of Dr. C. B. Dudley, representing the Pennsylvania Railroad, who directed the arrangement of the cases, combustible material, and points of starting fire. Mr. Fred. L. Masury, of the Masurite Explosive Company, was also present at above test. Sworn to before me this 13th day of December, 1902. [SEAL.] CYRUS W. PERRY. JAMES P. J. MORRIS, Notary Public, New York County. Federal law, United States Compiled Statutes, 1901, volume 3. Commerce and Navigation, Chapter 6.-Carrying explosives or other dangerous articles forbidden; animals, how carried; penalties.] SEC. 8. That it shall not be lawful to take, carry, or have on board of any such steamship or other vessel any nitroglycerin, dynamite, or other explosive article or compound, nor any vitriol or like acids, nor gunpowder, except for the ship's use, nor any article or number of articles, whether as a cargo or ballast, which, by reason of the nature or quantity or mode of storage thereof, shall, either singly or collectively, be likely to endanger the health or lives of the passengers or the safety of the vessel, and horses, cattle, or other animals taken on board of or brought in any such vessel shall not be carried on any deck below the deck on which passengers are berthed, nor in any compartment in which passengers are berthed, nor in any adjoining compartment, except in a vessel built of iron and of which the compartments are divided off by water-tight bulkheads extending to the upper deck. For every violation of any of the provisions of this section the master of the vessel shall be deemed guilty of a misdemeanor, and shall be fined not exceeding $1,000 and be imprisoned for a period not exceeding one year. (Act August 2, 1882, ch. 374, sec. 8, 22 Stat. L., 189.) Revised Statutes, section 4278, forbids the transportation of explosives on any vessel or vehicle engaged in the transportation of passengers. Revised Statutes, section 4279, provides how such explosives may be shipped on vessels not engaged in the transportation of passengers. (See notes to said section.) [Commerce and Navigation, Chapter 6, section 427 8.-Transportation of nitroglycerin.] It shall not be lawful to transport, carry, or convey, ship, deliver on board, or cause to be delivered on board, the substance or article known or designated as nitroglycerin, or glynoin oil, nitroleum or blasting oil, or nitrated oil, or powder mixed with any such oil, or fiber saturated with any such article or substance, upon or in any vessel or vehicle used or employed in transporting passengers by land or water between a place in any foreign country and a place within the limits of any State, Territory, or district of the United States, or between a place in one State, Territory, or district of the United States and a place in any other State, Territory, or district thereof. Act July 3, 1866 (ch. 162, sec. 1, 14 Stat. L., 81). Knowingly transporting or delivering, or causing to be delivered nitroglycerin, nitroleum, or blasting oil, or nitrated oil, or powder mixed with any such oil, or fiber saturated with any such substance or article, on board any vessel or vehicle employed in conveying passengers by land or water, between any place in a foreign country and any place within the United States, or between a place in one State, Territory, or district of the United States and a place in any other State, Territory, or district thereof, is punishable by Revised Statutes, section 5353. When the death of any person is caused by the explosion of any quantity of such articles, or either of them, by the same being placed upon any vessel or vehicle to be transported in violation of Revised Statutes, section 5353, or while the same is being so transported, or while the same is being removed from any such vessel or vehicle, every person who knowingly placed or aided or permitted the placing of such articles on such vessel or vehicle to be so transported is guilty of manslaughter, and is punishable by imprisonment for a period of not less than two years, by Revised Statutes, section 5354. Taking, carrying, or having on board of any steamship or vessel engaged in the transportation of passengers from foreign ports to ports of the United States of any nitroglycerin, dynamite, or any other explosive article or compound, vitriol, or like acids, gunpowder, except for the ship's use, or any article or number of articles, whether as cargo or ballast, which, by reason of the nature, or quantity, or mode of storage, shall, either singly or collectively, be likely to endanger the health or lives of the passengers or the safety of the vessel, is forbidden by act of August 2, 1882, chapter 374, section 8, set forth above. [Section 4279.-Packing and marking nitroglycerin.] It shall not be lawful to ship, send, or forward any quantity of the substances or articles named in the preceding section, or to transport, convey, or carry the same by a vessel or vehicle of any description, upon land or water, between a place in a foreign country and a place within the United States, or between a place in any State, Territory, or district of the United States, and a place in any other State, Territory, or district thereof, unless the same shall be securely inclosed, deposited, or packed in a metallic vessel, surrounded by plaster of paris, or other material that will be nonexplosive when saturated with such oil or substance, and separate from all other substances, and the outside of the package containing the same be marked, printed, or labeled in a conspicuous manner with the words "Nitroglycerin, dangerous." Act July 3, 1866 (ch. 162, sec. 3, 14 Stat. L., 82): A penalty is provided for shipping, sending, or forwarding any quantity of the substances or articles named in Revised Statutes, section 4278, in any manner other than as provided by this section by Revised Statutes, section 5355. [Section 4280.-Regulation by States of traffic in nitroglycerine.] The two preceding sections shall not be so construed as to prevent any State, Territory, district, city, or town within the United States from regulating or from prohibiting the traffic in or transportation of those substances between persons or places lying or being within their respective territorial limits or from prohibiting the introduction thereof into such limits for sale, use, or consumption therein. (Act July 3, 1866, ch. 162, sec. 5, 14 Stat. L., 82.) [Section 4472 (as amended 1877, 1901).-Dangerous articles not to be carried on passenger steamers; (gasoline, etc., in automobiles)]. No loose hay, loose cotton, or loose hemp, camphene, nitroglycerine, naphtha, benzine, benzole, coal oil, crude or refined petroleum, or other like explosive burning fluids, or like dangerous articles, shall be carried as freight or used as store on any steamer carrying passengers; nor shall baled cotton or hemp be carried on such steamers unless the bales are compactly pressed and thoroughly covered with bagging of similar fabric and secured with good rope or iron bands; nor shall gunpowder be carried on any such vessel, except under special license; nor shall oil of vitriol, nitric or other chemical acids be carried on such steamers except on the decks or guards thereof, or in such other safe part of the vessel as shall be prescribed by the inspectors. Refined petroleum which will not ignite at a temperature less than 110° of Fahrenheit thermometer may be carried on board such steamers upon routes where there is no other practicable mode of transporting it, and under such regulations as shall be prescribed by the board of supervising inspectors, with the approval of the Secretary of the Treasury; and oil or spirits of turpentine may be carried on such steamers when put up in good metallic vessels, or casks or barrels well and securely bound with iron, and stowed in a secure part of the vessel; and friction matches may be carried on such steamers when securely packed in strong, tight chests or boxes, the covers of which shall be well secured by locks, screws, or other reliable fastenings, and stowed in a safe part of the vessel at a secure distance from any fire or heat. All such other provisions shall be made on every steamer carrying passengers or freight to guard against and extinguish fire as shall be prescribed by the board of supervising inspectors and approved by the Secretary of the Treasury. Nothing in the foregoing or following sections of this act shall prohibit the transportation by steam vessels of gasoline or any of the products of petroleum when carried by motor vehicles (commonly known as automobiles) using the same as a source of motive power: Provided, however, That all fire, if any, in such vehicles or automobiles be extinguished before entering the said vessel, and that the same be not relighted until after said vehicle shall have left the same: Provided, further, That any owner, master, agent, or other person having charge of passenger steam vessels shall have the right to refuse to transport automobile vehicles, the tanks of which contain gasoline, naphtha, or other dangerous burning fluids. (Act Feb. 28, 1871, ch. 100, sec. 4, 16 Stat. L., 441; act Feb. 27, 1877, ch. 69, sec. 1, 19 Stat. L., 252; act Feb. 20, 1901, ch. 386, 31 Stat. L., 799.) This section is amended by act February 27, 1877, chapter 69, section 1, cited above, by striking out, after the words " 'upon routes where there is no other" the word "practical" and substituting therefor the word "practicable." It is further amended by act February 20, 1901, chapter 386, cited above, by adding at the end of the section as originally enacted the provisions beginning with the words "Nothing in the foregoing," etc., to the end of the section as set forth here. See note under Revised Statutes, section 4470. Other provisions regulating the carriage of explosives or other dangerous substances or articles are contained in Title XLVII, "Regulation of commerce and navigation," chapter 6. The punishment for unlawfully transporting explosives, etc., is prescribed by Revised Statutes, sections 5353-5355. TGE-04- -3 |